The sun rises over the Supreme Court in Washington June 19, 2014. The U.S. Supreme Court on Thursday ruled that implementing an abstract idea using a computer does not make an invention patent eligible. REUTERS/Joshua Roberts

Plaintiffs suing the Obama administration over offering Obamacare subsidies in state where the federal governments run the health care exchanges filed a petition Thursday afternoon asking the Supreme Court to take up their case.

Attorneys in King v. Burwell, one of several ongoing cases that target whether the text of the health care law allows for federally-run exchange customers to receive taxpayer subsidies, asked the top court to issue a final ruling on the case.

While the Fourth Circuit Court of Appeals ruled last week in favor the Obama administration’s position, which would allow subsidies for federal exchange customers, the D.C. Circuit court of appeals ruled just hours before that the text of the law made subsidies for federal customers impermissible.

The Fourth Circuit decided that the language of the law in question is “ambiguous” in a decidedly pro-Obamacare opinion. The court charged that King and the other plaintiffs should be forced to pay the “tiny tax penalty” for going without health insurance.

For his part, Gruber, who has signed onto an amicus brief which supports the Obama administration’s position, claims both incidents were simply a “speak-o, like a typo.” But supporters of the interpretation that subsidies are meant to go to state exchanges only have pointed out that not only did Gruber suggest that the text of the law states subsidies are only for state exchanges, but he also provided an argument for why Congress would have done so.

Gruber’s opinion is cited in the petition as all the more reason that the Supreme Court should take the case.

“You’ve got a huge, huge statute that was passed in a very unorthodox manner and I think it’s very difficult to draw any single, overriding intent out of that,” said Sam Kazman, general counsel for the Competitive Enterprise Institute, which is coordinating the King lawsuit.

“On Obamacare, last week started out with a circuit split and ended with a Jonathan Gruber split,” Kazman said in a statement. “Our hope is the Supreme Court will at least resolve the former.”